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7 U.S.C. § 7443Issuance and amendment of orders

submitted 30 years ago by Pub. L. 104-127 to r/title-7-AGRICULTURE · 249 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Agriculture must issue one nationwide order covering canola and rapeseed producers and first purchasers, but only one order can be active at a time. The Secretary can propose an order, or producers can request one, and the public must get a chance to comment first. The Secretary can also amend an existing order later.

(a) In general: Following the process in (b), the Secretary must issue one or more orders covering producers and first purchasers of canola, rapeseed, or their products. The order must apply nationwide. No more than one order can be in effect at the same time. (b) Procedure: (1) Proposal or request for issuance. The Secretary can propose an order, or a canola and rapeseed producers' association (or anyone else an order would affect) can ask for one and submit a proposal. (2) Notice and comment concerning proposed order. Within 60 days of getting such a request, or whenever the Secretary decides to propose an order, the Secretary must publish the proposed order and give the public proper notice and a chance to comment. (3) Issuance of order. After giving notice and taking comments as described in (2), the Secretary must issue the order — considering the comments received and including whatever provisions are needed to make sure the order follows this subchapter's requirements. The order must be issued and take effect within 180 days after the proposed order was published. (c) Amendments: The Secretary may amend an order issued under this section.
the actual law source: uscode.house.gov ↗public domain
(a) In general

Subject to subsection (b), the Secretary shall issue 1 or more orders under this subchapter applicable to producers and first purchasers of canola, rapeseed, or canola or rapeseed products. The order shall be national in scope. Not more than 1 order shall be in effect under this subchapter at any 1 time.

(b) Procedure
(1) Proposal or request for issuance

The Secretary may propose the issuance of an order under this subchapter, or an association of canola and rapeseed producers or any other person that would be affected by an order issued pursuant to this subchapter may request the issuance of, and submit a proposal for, an order.

(2) Notice and comment concerning proposed order

Not later than 60 days after the receipt of a request and proposal for an order pursuant to paragraph (1), or whenever the Secretary determines to propose an order, the Secretary shall publish a proposed order and give due notice and opportunity for public comment on the proposed order.

(3) Issuance of order

After notice and opportunity for public comment are given as provided in paragraph (2), the Secretary shall issue an order, taking into consideration the comments received and including in the order provisions necessary to ensure that the order is in conformity with the requirements of this subchapter. The order shall be issued and become effective not later than 180 days following publication of the proposed order.

(c) Amendments

The Secretary may amend an order issued under this section.

Source credit: (Pub. L. 104–127, title V, § 534, Apr. 4, 1996, 110 Stat. 1050.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-127 · 110 Stat. 1050

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-127 on 1996-04-04.

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